Mistrial declared in Cliven Bundy standoff case

By Maxine Bernstein

A federal judge Wednesday declared a mistrial in the prosecution of Nevada cattleman Cliven Bundy, his two sons and a co-defendant, citing the government's "willful'' failure to turn over multiple documents that could help the defense fight conspiracy and assault charges in the 2014 Bunkerville standoff. "The court does regrettably believe a mistrial in this case is the most suitable and only remedy,'' U.S. District Judge Gloria M. Navarro declared, issuing her ruling from the bench before a packed courtroom. The judge listed six documents or pieces of evidence that prosecutors failed to turn over before trial, including reports on an FBI surveillance camera posted outside the Bundy ranch and documents that identified U.S. Bureau of Land Management snipers outside the ranch. She also cited an FBI log with entries that noted "snipers were inserted'' and on standby outside the Bundy home, at least four threat assessments that indicated the Bundys likely wouldn't use violence and that the Bureau of Land Management was antagonizing the family, and an internal affairs document on the lead BLM agent Dan Love that said there were no documented injuries to desert tortoises by cattle grazing on the federal land. The mistrial dealt a significant setback to federal prosecutors, yet they may be able to retry the defendants. Both sides were instructed to submit legal briefs by Dec. 29 on whether the government should be allowed to pursue a new trial. The judge indicated she'd likely make a future ruling on whether the case should be a mistrial with prejudice, meaning no future trial would be held. The Bundys and their supporters called the ruling a partial victory. They had sought a full dismissal of the case. Defense lawyers are expected to challenge any effort to retry Cliven Bundy, Ammon Bundy, his older brother Ryan Bundy and Ryan Payne, arguing that it was the government's failure to share relevant evidence before trial that caused the mistrial and they shouldn't be allowed to try it again under the double jeopardy law...more

Local trio wins prestigious Wrangler Award for latest CD

Apparently wasting time is not the cowboy way. The New Mexico Western music trio that calls itself The Cowboy Way released its debut CD, also called “The Cowboy Way,” late last year and right out of the chute it won the prestigious Wrangler Award, presented by the National Cowboy and Western Heritage Museum, for best traditional Western album. “I think the three of us made something a little special,” trio member Doug Figgs said during a phone conversation from the Western Heritage Museum in Oklahoma City on Friday. “We are going everywhere on the CD. We are going historical (“Los Ladrones,” about horse thieves), we are going modern-day cowboy (“Let the Best Man Win,” about bullriders), we put in some covers (“Everything That Glitters” by Bob McDill and Dan Seals) that really appeal. We covered a whole lot of things in one album.” Figgs represented the trio at Saturday’s award ceremonies, which were held at the museum and presided over by actor Bruce Boxleitner.Figgs, a horseshoer and cowboy, as well as a singer/songwriter, lives in Lemitar. He was the Western Music Association’s 2015 Songwriter of the Year, and “Charlie and Evangeline,” a song he wrote with Todd Carter, won a Western Writers of America Spur Award for songwriting that same year. Jones, a Texas native, has a hatful of Western CDs and four Western novels to his credit. He is the WMA’s 2014 Male Performer of the Year and his song “Texas is Burnin'” won the WWA’s 2013 songwriting Spur.Funke, who is skilled on the Spanish guitar, acoustic guitar, electric guitar, bass, drums and more, is considered the master musician in the trio. A native of Germany, Funke followed his fascination with the American West to Socorro, where he put down roots and teaches music when he’s not performing or recording with The Cowboy Way.;;more

After mistrial declared for 4 defendants, Bundy supporters say case far from over

Seven weeks of testimony. Five days of deliberations. Two convictions. Four mistrials. Supporters of the Bundy 6 know the case is far from over. “I don't think there was a case here all along,” said Bundy supporter John Lamb. The jury deadlocked on all charges against four other defendants. “It's a win whenever you get a hung jury in federal court,” said Todd Leventhal, who represents Scott Drexler. “For defense attorneys, it's a win. “I just spoke with the jurors, and they had a lot of opinions on what they liked and didn't like,” Leventhal said. “They thought the government came in with too much evidence; they didn't believe all their witnesses.” Monday's mistrial means prosecutors will try the case again. The re-trials are scheduled to begin June 26 — the same date that the trial against Bundy and two of his sons was set to begin. Supporter Doug Knowles calls the system rigged. He said he believes the government is pushing for a plea bargain. “These boys have been in jail a year, and they still haven't been convicted,” Knowles said...more

Ranch Radio Song Of The Day #1828

Here's a beautiful number by the bluegrass duo the Gibson Brothers: Iron & Diamonds. The tune is on their 2008 CD  Iron & Diamonds.

https://youtu.be/5cHMz7U35EI1828

BLM misconduct probe may derail Bundy Ranch standoff trial

An investigation accusing a federal agent of misconduct and ethics violations could derail one of the most high-profile land-use trials in modern Western history. Jury selection is scheduled to start in a Las Vegas federal courtroom Monday for a series of trials in which 17 cattle ranchers and self-styled militia members face charges for their roles in the 2014 Bundy Ranch standoff against Bureau of Land Management officials. But a Jan. 30 report by the Department of Interior's Office of the Inspector General appears to raise serious questions about the BLM special agent in charge of operations during the standoff, who is expected to be a key witness for the government in the case...Lawyers representing Bundy Ranch defendants say the report offers enough details to positively identify the agent as Dan Love, the BLM special agent in charge of Utah and Nevada between 2012 and 2015. Already, they are filing motions to confirm it. A defense lawyer said Thursday they are asking a federal judge to force the government to reveal the name of the agent in the inspector general's report. If it is Love, they will ask for charges to be dismissed against the Bundy Ranch defendants before the trials begin. "I'm sure it is him," Las Vegas attorney Bret Whipple said Thursday. "If it is Dan Love, first of all we will file a motion to dismiss. ... He is the primary figure in the government's case. He put together the plan. He negotiated with (the Bundys)." Whipple represents ranch owner and Bundy family patriarch Cliven Bundy, 70, whose years-long feud with the federal government over cattle grazing rights on federal land culminated in the 2014 standoff. Whipple said the report paints a picture of an agent with a personal agenda and no regard for the rule of law. He said his client long has maintained that Love dangerously orchestrated events during the Bundy standoff to "enhance and enrich" his personal profile and "to make a name for himself."...more

See my comments from earlier today here.

The report says Love stated he "owns" the head of law enforcement. Just exactly what does that mean? Is it because he's the key witness? Or does he have some other info on the Bundy case or the Gold Butte National Monument the BLM doesn't want made public? 

How might this affect the Bundy case?

The inspector general's report could damage the credibility of the government's case if Love is identified as the agent, said Sara Gordon, associate professor of law at the Boyd School of Law at the University of Nevada, Las Vegas. "It’s in an ethics report. I think everything is up for grabs — misuse of the vehicles, using intimidation," Gordon said. "This stuff, it suggests that he’s willing to cheat and lie for his job." She said defense attorneys involved in the Bundy Ranch trials might not be able to show juries the inspector general's report but could question Love about specific incidents raised in it.  “Anytime a witness is on the stand, you can cross-examine them and ... try to impeach him," she said. "They can ask him about things that (could) show that he’s dishonest.” Gordon said any damage defense lawyers could inflict upon Love's credibility would not affect the credibility of other witnesses testifying for the prosecution.

Latest Draft Accord on Climate Talks Hints at More Than Political Gesture

Thursday night’s draft text of a new climate change accord skates on the edge of historical significance, and we won’t see the next version of it until Saturday.

The draft requires the following:

• The countries would convene in 2019 to clearly demonstrate how they are faring in meeting those targets.
• In 2020, countries would be required to meet and to submit new plans demonstrating how they’d ratchet up their emissions reductions plans by 2025.
• They’d then have to reconvene every five years with fresh, tougher plans.

A Scheduling Victory for Some: The every-five-year schedule is a victory in the negotiations for the United States and for environmental advocates and vulnerable island countries like the Marshall Islands. Developing countries like India had been pushing to wait for the first meeting until 2030, and to require only 10-year commitments to ratcheting up...

 

The $100 Billion Option: The new draft also requires fairly robust actions on climate change finance. It would legally require developed countries to shell out money to help poor countries adapt to the “loss and damage” sustained by climate change, and help them transition from fossil fuels to clean energy. One option in the draft text would set $100 billion annually as a floor to be given from rich countries to poor countries to deal with climate change. 

READ ENTIRE ARTICLE

Ranch Radio Song Of The Day #1398

Here's some Country Roots music:  Riley Puckett - Bile Dem Cabbage Down.  The tune was recorded in New York City on September ll, 1924.  Riley Pucket, vocals and bango, Gid Tanner, fiddle. 

https://youtu.be/o0ghbe2Sm0g

Ranch Radio Song Of The Day #1358

Its Swingin' Monday and our selection is Tequila and High Heels by the Toy Hearts.  The tune is on their 2010 CD Femme Fatale.

http://youtu.be/IErDxGhLMOg

Ranch Radio Song Of The Day #1357

For some west coast western swing here is Spade Cooley - You Better Do It Now.  The tune was recorded in Hollywood on June 6, 1946, and that is, of course, Tex Williams with the vocal.

http://youtu.be/aBa5UQRN-yg

Ranch Radio Song Of The Day #1356

Our selection today is Cliff Bruner - Singin' The Low Down Blues Down Low.  The tune was recorded in Houston on Sept. 1, 1939.  In addition to Bruner, in the studio that day was J.R. Chatwell f, Bob Dunn sg, Russel Bryant b and Moon Mullican on p and doing the vocal.

http://youtu.be/pgBF6M8gaaY

Ranch Radio Song Of The Day #1355

A great song by Jimmie Rodgers:  Nobody Knows But Me.  Recorded in Atlanta on Nov. 25, 1929 and released as Victor 23518. 

http://youtu.be/Nr3NsaYKRSI

Ranch Radio Song Of The Day #1354

Our selection today is Jack Guthrie - The Clouds Rained Trouble Down.  The tune was recorded in Hollywood on March 19, 1946 and released as Capitol 341.

http://youtu.be/wdG_Qa5i2f4

Ranch Radio Song Of The Day #1353

Its Swingin' Monday and here's The Lord Was A Woman by Candye Kane.  The tune is on her 1997 CD Diva La Grande.  I can see Mom clapping her hands and tapping her feet to this one.

http://youtu.be/7AY03fNbeKU

Ranch Radio Song Of The Day #1352

That's bluegrass legends J.D. Crowe, Doyle Lawson and Paul Williams and we'll close this week's look at recent bluegrass releases with their version of Do You Live What You Preach.  The tune is on their 2014 CD Standing Tall and Tough.  I just love that Louvin Brothers-type harmony.

http://youtu.be/3qtPSyZGiaI

Ranch Radio Song Of The Day #1351

Can't have a week of new bluegrass releases without a good banjo tune, so here is Rob McCoury picking Banjo Riff.  That's brother Ronnie McCoury taking the mandolin break and Jason Carter taking the fiddle break.  The tune is on his 2014 CD 5 String Flame Thrower.

http://youtu.be/Cn5aVS4fsEk